Former Gov. Rod Blagojevich arrives at his home in Chicago on July 15, 2011, following a bond hearing in federal court. His wife, Patti, tries to pull him towards the door.

Former Gov. Rod Blagojevich arrives at his home in Chicago on July 15, 2011, following a bond hearing in federal court. His wife, Patti, tries to pull him towards the door. ((David Pierini/Chicago Tribune))

Annie SweeneyTribune reporter

With one week to go before former Gov. Rod Blagojevich is to be sentenced for widespread public corruption, his attorneys have asked a federal judge to consider what they say is new evidence regarding a key government witness.

U.S. District Judge James Zagel set a hearing for Friday, just days before the Dec. 6 sentencing, to consider the last-minute motion from Blagojevich’s defense.

A federal jury convicted Blagojevich in June of sweeping public corruption for several shake-down schemes, including the attempt to sell a President Barack Obama’s U.S. Senate seat in 2008.

In the filing, Blagojevich's defense team suggested the information surfaced during the recent sentencing of Blagojevich fundraiser Antoin “Tony” Rezko. Rezko was sentenced to 10-1/2 years last week.

In their filing, Blagojevich’s attorneys say prosecutors failed to tell the judge who approved wiretaps for the Blagojevich investigation that John Wyma, who was a confidential informant for the government, had cut a deal to avoid being investigated.

But Wyma’s attorney denied his client had any agreement with the government in 2008 when he agreed to be a confidential informant.

“There was never any understanding he would not be investigated,” attorney Zach Fardon said. “He cooperated truthfully with no pre-conditions.”

Wyma later received immunity from the government when he was subpoenaed to appear before a grand jury.

The defense also questioned whether the government fully investigated allegations from Rezko — which were the subject of recent court filings — that Wyma was involved in a specific bribery scheme at the Illinois Health Facilities Planning Board.

The government has yet to respond to the defense motion. Fardon said this issue was already dealt with at trial.

In a separate matter, Zagel issued a pointed ruling Monday turning down a defense request to play portions or include transcripts of secretly-recorded calls during the sentencing hearing.

The defense attorneys argued that snippets of the 180 recorded sessions they identified would show a lack of “ill intent” by Blagojevich.

Prosecutors, in a response Monday, called the request overbroad and also noted that “the issue of guilt has already been resolved.”

In his denial, Zagel said there is nothing new in the recordings and, because the defense did not identify which parts of the recordings they wanted to play, he could not make an “informed ruling.”

Zagel also rapped Blagojevich for filing the motion on Thanksgiving, when federal courts are closed except for emergencies. “…The filing of this particular motion at this late date is simply wrongful.”